Common use of Commencement and Completion of the Work Clause in Contracts

Commencement and Completion of the Work. §3.1 The Owner anticipates that the Project, or the portion or portions thereof where the Work is to be performed, will achieve the state of completion necessary for the Contractor to §3.2 A description of the following matters is attached hereto as Attachment II (the “Proposal”) to the extent applicable to the Work: (a) The items of furniture, furnishings, fixtures, equipment and other matters (the “FF&E”) to be furnished and/or installed by the Contractor under the Contract Documents (collectively, the “Work”); (b) A schedule of the prices to the Owner of the individual items of FF&E included in the Work (the “Schedule of Prices”), which Schedule of Prices was used by the Contractor in the calculation of the Contract Sum; and (c) A schedule for performance of the Work (the “Performance Schedule”), which Performance Schedule shall satisfy the requirements of Section 3.3 below. §3.3 At such time as the Project, or the portion or portions thereof where the Work is to be performed, have achieved the necessary state of completion for the Contractor to commence the performance of the Work, the Owner shall give written notice thereof to the Contractor (the “Commencement Notice”), and the Contractor shall (i) commence performance of the Work within five (5) business days after the date of the Commencement Notice and (ii) achieve Final Completion (as defined in the General Conditions) of all of the Work within ( ) days [NOTE TO DRAFTER: Please insert the Final Completion date.] after the date of the Commencement Notice (the “Contract Time”), subject to adjustments of the Contract Time as provided in the Contract Documents. The Contractor must notify the Owner and the Consultant within five (5) days of any event that the Contractor believes entitles the Contractor to an extension of the Contract Time. It shall be the Contractor’s responsibility to establish that any alleged delay affected the agreed schedule. Failure to timely notify the Consultant and Owner shall be a waiver by Contractor of any right to an extension of the Contract Time for such event. In the event of a delay not excused under the terms of the Contract Documents, the Contractor shall, at the direction of the Owner, accelerate performance of the Work by means of overtime, additional crews or resequencing of the Work in order to achieve Final Completion of the Work within the Contract Time, all at the Contractor’s sole cost and expense, not to be included in the Contract Sum.

Commencement and Completion of the Work. §3.1 The Owner anticipates that the Project, or the portion or portions thereof where the Work is to be performed, will achieve the state of completion necessary for the Contractor to §3.2 A description of the following matters is attached hereto as Attachment II (the “Proposal”) to the extent applicable to the Work: (a) The items of furniture, furnishings, fixtures, equipment and other matters (the “FF&E”) to be furnished and/or installed by the Contractor under the Contract Documents (collectively, the “Work”); (b) A schedule of the prices to the Owner of the individual items of FF&E included in the Work (the “Schedule of Prices”), which Schedule of Prices was used by the Contractor in the calculation of the Contract Sum; and (c) A schedule for performance of the Work (the “Performance Schedule”), which Performance Schedule shall satisfy the requirements of Section 3.3 below. §3.3 At such time as the Project, or the portion or portions thereof where the Work is to be performed, have achieved the necessary state of completion for the Contractor to commence the performance of the Work, the Owner shall give written notice thereof to the Contractor (the “Commencement Notice”), and the Contractor shall (i) commence performance of the Work within five (5) business days after the date of the Commencement Notice and (ii) achieve Final Completion (as defined in the General Conditions) of all of the Work [within ( ) days after the date of the Commencement Notice] OR [by , 20 ] [NOTE TO DRAFTER: Please select the appropriate option and insert the Final Completion date. DO NOT include both bracketed provisions.] after the date of the Commencement Notice (the “Contract Time”), subject to adjustments of the Contract Time as provided in the Contract Documents. The Contractor must notify the Owner and the Consultant within five (5) days of any event that the Contractor believes entitles the Contractor to an extension of the Contract Time. It shall be the Contractor’s responsibility to establish that any alleged delay affected the agreed schedule. Failure to timely notify the Consultant and Owner shall be a waiver by Contractor of any right to an extension of the Contract Time for such event. In the event of a delay not excused under the terms of the Contract Documents, the Contractor shall, at the direction of the Owner, accelerate performance of the Work by means of overtime, additional crews or resequencing of the Work in order to achieve Final Completion of the Work within the Contract Time, all at the Contractor’s sole cost and expense, not to be included in the Contract Sum.

Commencement and Completion of the Work. §3.1 The Owner anticipates that the Project, or the portion or portions thereof where the Work is to be performed, will achieve the state of completion necessary for the Contractor toto commence the performance of the Work on or about (the “Anticipated Commencement Date”). In the event the Project, or the portion or portions thereof where the Work is to be performed, have not achieved the necessary state of completion for the Contractor to commence the performance of the Work by the Anticipated Commencement Date, the Owner shall give the Contractor written notice thereof; provided, however, the Owner shall have no liability to the Contractor as a result of such failure, and nothing thereby shall release or relieve the Contractor from any of its agreements or obligations under the Contract Document. §3.2 A description of the following matters is attached hereto as Attachment II (the “Proposal”) to the extent applicable to the Work:): (a) The items of furniture, furnishings, fixtures, equipment and other matters (the “FF&E”) to be furnished and/or installed by the Contractor under the Contract Documents (collectively, the “Work”); (b) A schedule of the prices to the Owner of the individual items of FF&E included in the Work (the “Schedule of Prices”), which Schedule of Prices was used by the Contractor in the calculation of the Contract Sum; and; (c) A schedule for performance of the Work (the “Performance Schedule”), which Performance Schedule shall satisfy the requirements of Section 3.3 below. §3.3 At such time as the Project, or the portion or portions thereof where the Work is to be performed, have achieved the necessary state of completion for the Contractor to commence the performance of the Work, the Owner shall give written notice thereof to the Contractor (the “Commencement Notice”), and the Contractor shall (i) commence performance of the Work within five (5) business days after the date of the Commencement Notice and (ii) achieve Final Completion (as defined in the General Conditions) of all of the Work within ( fourteen (14) days [NOTE TO DRAFTER: Please insert the Final Completion date.] after the date of the Commencement Notice (the “Contract Time”), subject to adjustments of the Contract Time as provided in the Contract Documents. The Contractor must notify the Owner and the Consultant within five (5) days of any event that the Contractor believes entitles the Contractor to an extension of the Contract Time. It shall be the Contractor’s responsibility to establish that any alleged delay affected the agreed schedule. Failure to timely notify the Consultant and Owner shall be a waiver by Contractor of any right to an extension of the Contract Time for such event. In the event of a delay not excused under the terms of the Contract Documents, the Contractor shall, at the direction of the Owner, accelerate performance of the Work by means of overtime, additional crews or resequencing of the Work in order to achieve Final Completion of the Work within the Contract Time, all at the Contractor’s sole cost and expense, not to be included in the Contract Sum.

Commencement and Completion of the Work. §3.1 The Owner anticipates that the Project, or the portion or portions thereof where the Work is to be performed, will achieve the state of completion necessary for the Contractor to §3.2 A description of the following matters is attached hereto as Attachment II (the “Proposal”) to the extent applicable to the Work:): (a) The items of furniture, furnishings, fixtures, equipment and other matters (the “FF&E”) to be furnished and/or installed by the Contractor under the Contract Documents (collectively, the “Work”); (b) A schedule of the prices to the Owner of the individual items of FF&E included in the Work (the “Schedule of Prices”), which Schedule of Prices was used by the Contractor in the calculation of the Contract Sum; and; (c) A schedule for performance of the Work (the “Performance Schedule”), which Performance Schedule shall satisfy the requirements of Section 3.3 below. §3.3 At such time as the Project, or the portion or portions thereof where the Work is to be performed, have achieved the necessary state of completion for the Contractor to commence the performance of the Work, the Owner shall give written notice thereof to the Contractor (the “Commencement Notice”), and the Contractor shall (i) commence performance of the Work within five (5) business days after the date of the Commencement Notice and (ii) achieve Final Completion (as defined in the General Conditions) of all of the Work within ( fourteen (14) days [NOTE TO DRAFTER: Please insert the Final Completion date.] after the date of the Commencement Notice (the “Contract Time”), subject to adjustments of the Contract Time as provided in the Contract Documents. The Contractor must notify the Owner and the Consultant within five (5) days of any event that the Contractor believes entitles the Contractor to an extension of the Contract Time. It shall be the Contractor’s responsibility to establish that any alleged delay affected the agreed schedule. Failure to timely notify the Consultant and Owner shall be a waiver by Contractor of any right to an extension of the Contract Time for such event. In the event of a delay not excused under the terms of the Contract Documents, the Contractor shall, at the direction of the Owner, accelerate performance of the Work by means of overtime, additional crews or resequencing of the Work in order to achieve Final Completion of the Work within the Contract Time, all at the Contractor’s sole cost and expense, not to be included in the Contract Sum.